While our great nation celebrated its independence yesterday on July 4th, you can rest assured that you too can declare independence for your family — from court interference. Life can be unpredictable. Whether it is a financial issue, the birth or adoption of a child, sickness or incapacity, it is important to be prepared with proper estate planning. In fact, failure to put together a comprehensive estate plan can leave you and your loved ones at the mercy of the court when it comes to distributing assets or caring for a minor or sick family member.
Estate Planning Basics
Simply put, estate planning ensures that your family knows what you have at incapacity and at death and that assets are managed properly during that time. Estate planning is a great method not only to plan your family’s financial security, but to use tools to keep your family’s personal business outside of the courtroom.
When someone passes away without a Will it is referred to as being intestate. A person who dies intestate will have his or her assets distributed according to local intestacy rules. Probate is the legal mechanism by which your assets are distributed upon your death. The process of probate takes a lot of time, costs money, and can be a hassle and burden for the family you left behind. One important estate planning tool that will help avoid a drawn out legal process includes a fully-funded trust with up-to-date beneficiary designations. By having a fully funded trust and/or up-to-date beneficiary designations when you die, there are no assets in your estate, and therefore no need for probate.
Death is not the only time a court may become involved in your and your family’s personal lives. The court may also intervene in the event you become incapacitated. The court may appoint a guardian or conservator to handle your personal and financial matters, essentially pushing out your loved ones and stripping their ability to help and make important decisions on your behalf. There are several estate planning tools that can help you determine who you want to be in charge should you become incapacitated. These include using a Durable Power of attorney, a fully-funded Living Trust, as well as a healthcare directive to appoint and give instructions to those you trust to make these difficult decisions for you when you need it most.
Protecting Your Loved Ones
Another important benefit of a solid estate plan is protecting those who are most precious to you — your minor children. It is important to understand that simply naming guardians in your Will for any minor children you may have is not enough in and of itself, which is why I offer a Kids Protection Plan™ to ensure your family knows what to do and that your children are not placed in the hands of strangers (i.e. Child Protective Services) or to someone who you may not want raising your children. While a Will does ensure your children will be properly cared for in the long-term, often there are significant lapses of time from when the need arises to care for your children and when your wishes are actually carried out, which may result in your children being in the care of someone else. Making sure your estate plan accounts for this gap is vital in preventing the state from taking over and allowing someone you do not want to raise your children from having a chance to take control of their lives and inheritance.
Declare Your Family’s Independence
There are many moving parts to a concise estate plan that must be considered in order to properly protect yourself and your loved ones. I, your Personal Family Lawyer®, can explain your options under applicable law and craft a plan that best suits your family’s needs. There is no need to wait and leave your family’s future to chance. Contact me today at (858) 432-3923 so we can get you on the road to independence.
This article is a service of Tara Cheever, Personal Family Lawyer®. I don’t just draft documents; I ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why I offer a Family Wealth Planning Session,™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling my office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.